Case Details

Citation(s)
2013 SLG 2197 2013 SLD 2197 2013 YLR 404
Peshawar High Court
Criminal Miscellaneous Bail Application No. 1235-P of 2012, decided on 10th October, 2012
SHAH, JEHAN KHAN AKHUNDZADA, J
Hassan M. Shenwari for Applicant. Malik Amjad Inayat and Fazal-ur-Rehman Khan, A.A.G. for
Respondents

GUL BACHA

VS

The STATE through Advocate GENERAL and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 324/34---Attempt to commit qatl-e-amd, common intention---Bail, grant of--- Further inquiry---Cross-version F.I.Rs.---Accused and co-accused persons were alleged to have fired at the complainant, as a result of which she sustained injuries---Admitted dispute between parties over property---Accused and co-accused persons had been charged in the F.I.R. for collective firing at the complainant but it was yet to be seen as to from whose shot the complainant was hit and sustained injuries---One of the co-accused had lodged a cross-version F.I.R., wherein son of complainant of the present case had been charged for effective firing and killing father of said co-accused---Where counter-versions arose from the same incident, accused involved therein were normally released on bail on the ground of further inquiry as contemplated under S.497(2), Cr.P.C---Question as to which version was true and who was the aggressor and who had been aggressed upon was yet to be determined by the Trial Court---Accused was admitted to bail in circumstances. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---Having failed to obtain bail from the Courts below in case F.I.R. No. 971 dated 25-7-2012 under sections 324/34, P.P.C. registered at Police Station, Charsadda, accused-petitioner Gul Bacha has approached this Court for his release on bail through the instant petition. 2. Briefly the prosecution story vide F.I.R. lodged by Mst.Mushtari complainant of the present case is, that on 25-7-2012 at 22-00 hours she along with other family members was present in the house when in the meanwhile Shah Masood, Maroof, Sajjad and Misbahullah sons of Subhanullah along with Gul Bacha duly armed with lethal weapons came there and started firing at them as a result of which she got hit and sustained injuries. Motive was stated to be the dispute over landed property. Besides the complainant, the occurrence was stated to be witnessed by the others who were present there. 3. I have heard the learned counsel for the parties and have also gone through the record of the case with their able assistance. 4. According to the F.I.R., it is…
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